Action Brief - Wagner Peyser Funded Activities Under WIA

Labor certification is a written determination from the U.S. Department of Labor (DOL) that a particular position at a particular company is "open" for employment by foreign workers. The Department of Labor issues labor certifications for employment of foreign nationals at U.S. companies in the United States in two instances: (1) for permanent employment of aliens and (2) for temporary employment of aliens.

Alien Labor Certification Programs are employment-based visa programs. These programs are intended by Congress to provide employers, pinched by labor shortage, with a regular means [to hire foreign workers] to supplement their workforce and fulfill business obligations when qualified U.S. workers are not available. Foreign worker certification programs are generally designed to assure that the admission of aliens to work in this country on a permanent or temporary basis will not adversely affect the job opportunities, wages and working conditions of U.S. workers.

Visas are government issued passes allowing foreigners to enter the United States. Visas may be issued on a temporary or permanent basis. Temporary visas are non-immigrant status visas; permanent visas are immigrant status visas. Depending upon type of visa, a person may be allowed to attend school, obtain specialized training, vacation, marry a U.S. citizen, compete athletically, receive medical treatment, work or remain indefinitely in the United States. While holding one type of visa, a person may concurrently apply for, or change, or "adjust status" while in the United States. A person may, thereby, enter the country on a tourist visa and change to a student visa in order to attend school. A person may come to work in the United States under an alien labor certification program (temporary visa) and while here might apply for and obtain permanent U.S. residency. Since applying for a non-immigrant visa is generally quicker than applying for permanent residency (i.e. a "Green Card") workers who are often initially brought into the United States on long-term assignment, under a non-immigrant visa (e.g. temporary labor certification), will seek to obtain an immigrant visa and ultimately change their status to permanent resident.

Including the six alien labor certification programs administered by the U.S. Department of Labor and discussed next, there exist over thirty-five (35) different visa programs whereby foreigners may legally enter the United States. (See Appendix A for Visa Series Listings and accompanying applicant information.)